Need advice/info for debt collector calls.

[puma guy]

Thank you everyone for the help and advice. I had no idea of the technology available to spoof ID. My wife is going to contact both the AG and any federal agency that is appropriate to make complaints.
I'll try to answer some of the questions s I recall them. Not necessarily in order.

Evergreen Acquisitions is a real entity and though difficult to find. JAllen posted this link
http://www.egacq.com/services.html

We answered the phone because it was a familiar number. After my post I looked at our call ID list on our home phone and they called from several different numbers but left no messages. Yesterday during the drive home my wife missed a call and message on her cell phone from Evergreen regarding a fraudulent attempt to gain credit under her name had occurred and that she was required to call back to confirmed her name, address, SS#on the drive home had. I was a pre-recorded robot call and of course she ignored it. It was an 844 AC but several AC's show u, 844, 202, 256, and of course our own. We intend to ignore their calls.

Her brother is not capable of remembering if this is legitimate or not. He ran way from a home three years ago and married a woman he met online who was 35 years younger than him. He left her about two years later and my wife assisted him in getting a divorce after crashed physically and mentally in Galveston in May of 2014. There's much I won't go into but she was taking him to Louisiana to gamble since he had very generous SS and VA pensions. He more than likely made loans but we have no documentation. He ended up losing his VA pension and was hit with a $63M demand to repay it. We had to support him to get into a privately run assisted living home while my wife tried to get his pension reinstated which took almost a year. If this is a legitimate debt she wants to pay it, but I reminded her that this debt if real has written off by the original lender and sold for pennies on the dollar to this debt collector.

I assured my wife that you can't be arrested and jailed for a defaulting on a debt, except under certain circumstances where intentional fraud is involved.

As far as knowing our phone numbers there's not a good explanation (legal) that we can come up with. Her DL could be a source but there's no good explanation for how they would have it. The only connection they could look to between my wife and her brother would be her name and his in VA and SS data. Our home phone number is unlisted and my wife's cell phone is not under her name. All of our phone numbers are registered on "no call lists". Apparently they didn't know he doesn't live with us though my wife told the first caller he was in a home. No way that connection for her name and his would be known to them. The guy yesterday still insisted I was him since he called our house phone.

I have recorded phone calls before and was under the impression only one party notification was all that was required in Texas. I am not aware of federal requirements for notification. I've seen Judge Judy mention one party and two party states for phone call recording. I assumed it was legal.

I going to buy a boat horn.
Again thanks everyone for the help. I'll update with any significant info as we proceed;

BTW during the original call I was contradicting what the guy was stating and repeatedly advised her to hang up. She tries to be nice to people but said next time she'll take my advice. WOW!

[c.edgington]

It looks as though you've gotten some good information. Just to add in, I work in an industry adjacent to collections/debt buying/lending etc... I just got back from a conference and the big scoop right now is all about regulation from CFPB/TCPA... More or less, if you revoke consent to be contacted on a particular line (even better if it's a cell phone) they have to quit calling you. If they don't, then it's a fine. What happens after that, I don't know. DEFINITELY make a complaint to the CFPB, ASAP!

Do you have a link to those regs?

Sorry for the delay... I don't have a link directly to the regs, however here is a court decision along the same lines that you all may find helpful...
http://www.acainternational.org/iap-ele ... 32003.aspx

... If you don't wish or have time to read it, this is the pertinent selection...
"The called party may orally revoke prior express consent. The Eleventh Circuit Court of Appeals found that, unlike the Fair Debt Collection Practices Act, which requires a consumer who no longer wishes to be contacted by a debt collector to notify the debt collector in writing, the TCPA does not contain equivalent language. Therefore, the court held that a called party may orally revoke consent for purposes of the TCPA. "

This is another article that you may find interesting regarding reg's that will be considered by the CFPB in the coming months for better or worse...
http://www.cfpbmonitor.com/2015/07/08/n ... he-cfpb-2/

[c.edgington]

I have recorded phone calls before and was under the impression only one party notification was all that was required in Texas. I am not aware of federal requirements for notification. I've seen Judge Judy mention one party and two party states for phone call recording. I assumed it was legal.

Texas is a ONE PARTY consent state. CA is the only one I know of that is two, and that applies to calls originating from and destined to commiefornia!

[lildave40]

Do what I did one time. I had a debt collector start calling me for my Exwife that I wanted nothing to do. So one day in a really good mood they called and asked for her. Everytime they asked me a question I asked them a question. It got really funny with the caller got upset and said oh just forget it and hung up. Never heard back from them

[Taypo]

Do what I did one time. I had a debt collector start calling me for my Exwife that I wanted nothing to do. So one day in a really good mood they called and asked for her. Everytime they asked me a question I asked them a question. It got really funny with the caller got upset and said oh just forget it and hung up. Never heard back from them

Ahhh, the curse of the deadbeat exwife. Been there, done that.

[oohrah]

my understanding is that under Texas law, you can record a phone conversation and you do not have to tell the other party you are doing it. Laws vary from state to state. If the calling party is from a state that prohibiits recording, they have the right to refuse, but you can hang up. Sometimes it is good to let the caller know you are recording, could change the way they act.

http://www.dmlp.org/legal-guide/texas-recording-law

[n5wd]

... You might set up a taping system to record such calls. You have to tell them the call is being recorded "for quality assurance" get that disclosure and their consent on tape first thing. Then, and only then, talk about whatever they have to talk about.

The State of Texas is a single-party consent state. You don't need their consent to tape them. Just FYI.

[mojo84]

I have an app on my phone that records phone calls. When I initiate or answer a call, the app puts what looks like an on/off button on my screen. All I have to do is touch the button and it will start recording. I use it for when I am explaining coverage or policy details and need to document my files with the conversation. I have used it a time or two when I had to explain to solicitors that my number is on the do not call list.

[JALLEN]

I have recorded phone calls before and was under the impression only one party notification was all that was required in Texas. I am not aware of federal requirements for notification. I've seen Judge Judy mention one party and two party states for phone call recording. I assumed it was legal.

Texas is a ONE PARTY consent state. CA is the only one I know of that is two, and that applies to calls originating from and destined to commiefornia!

Flat wrong. Go back and read the thread, please.

[jimlongley]

. . .
I going to buy a boat horn.
Again thanks everyone for the help. I'll update with any significant info as we proceed;

BTW during the original call I was contradicting what the guy was stating and repeatedly advised her to hang up. She tries to be nice to people but said next time she'll take my advice. WOW!

Don't bother with a boat horn, telephone systems limit the volume transmitted.

[mojo84]

JAllen, is the info on these sites incorrect?

http://www.dmlp.org/legal-guide/texas-recording-law

http://www.aapsonline.org/judicial/telephone.htm

https://www.fcc.gov/guides/recording-te ... versations

Also, if someone spoofs the caller ID to make it appear to be a local number, I don't see a problem.

[Pawpaw]

. . .
I going to buy a boat horn.
Again thanks everyone for the help. I'll update with any significant info as we proceed;

BTW during the original call I was contradicting what the guy was stating and repeatedly advised her to hang up. She tries to be nice to people but said next time she'll take my advice. WOW!

Don't bother with a boat horn, telephone systems limit the volume transmitted.

But even that maximum limit hurts when you're using a headset.

To maximize the effect you can speak softly, hoping to suck the other party into turning up the volume on their headset.

[mojo84]

. . .
I going to buy a boat horn.
Again thanks everyone for the help. I'll update with any significant info as we proceed;

BTW during the original call I was contradicting what the guy was stating and repeatedly advised her to hang up. She tries to be nice to people but said next time she'll take my advice. WOW!

Don't bother with a boat horn, telephone systems limit the volume transmitted.

But even that maximum limit hurts when you're using a headset.

To maximize the effect you can speak softly, hoping to suck the other party into turning up the volume on their headset.

How liable would one be if permanent hearing damage was done?

[puma guy]

. . .
I going to buy a boat horn.
Again thanks everyone for the help. I'll update with any significant info as we proceed;

BTW during the original call I was contradicting what the guy was stating and repeatedly advised her to hang up. She tries to be nice to people but said next time she'll take my advice. WOW!

Don't bother with a boat horn, telephone systems limit the volume transmitted.

Jim, My wife had our home phone number programed in her IPhone so it showed up as "Home" when the phone rang. Does the caller ID function on phones use simple numeric recognition?

[sjfcontrol]

Jury nullification? No jury would convict somebody that that got even with a phone scammer.